Primary Schools (Taking Over) Act, 1974
Section 3(2)(b)
দি রেজিস্ট্রেশন অব প্রাইভেট স্কুল এমেন্ডমেন্ট, ১৯৮৯
ধারা ৪(৩)
Appointment in the nationalized primary School–– Considering the materials on record the High Court Division made the Rule Nisi absolute directing the writ respondents to absorb the petitioners after scrutiny in accordance with the directions contained in the gazette notification dated 17.01.2013 (published on 20.02.2013). Once absorbed, their service benefits will be given effect to from 01.01.2013, as that is the mandate of the said Gazette dated 01.07.2013 as published on 10.07.2013, in view of the entitlement of the petitioners under Section 3(2)(b) of the said Act. The government is also directed to issue necessary order in this regard in view of Rule 4(ka) of the said Rules. The respondents are directed to complete the said absorption process within 3(three) months from the date of receipt of the copy of this judgment and not to recruit any other teacher until recruitment of the petitioners is complete as aforesaid.
The writ petitioners-respondents have failed to prove that they were legally appointed by the school authority and their names were recommended by the উপজেলা যাচাই-বাছাই কমিটি and, as such, no legal and vested right has been created in favour of the writ petitioners to get appointment in the nationalized primary school. The High Court Division committed error in passing the impugned judgment by giving direction to absorb the writ petitioners after scrutiny in accordance with the directions contained in the gazette notification dated 17.01.2013 (published on 20.01.2013) and once absorbed, their service benefits will be given effect to from 01.01.2013. ––Appellate Division is inclined to interfere with the impugned judgment and order; however, since, this Division has heard both the parties at length, this Division is inclined to dispose of the civil petition for leave to appeal without granting any leave to avoid further delay in disposing of the case. The impugned judgment and order dated 24.08.2017 passed by the High Court Division is set aside. .....Directorate of Primary Education, Dhaka =VS= Rahima Akter, (Civil), 2023(2) [15 LM (AD) 145] ....View Full Judgment